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Superiority Claims

Sixth Circuit Blocks 'Junk Fax' Class Action Under Telephone Consumer Protection Act

by Pepper Hamilton LLP on

A recent decision by the U.S. Court of Appeals for the Sixth Circuit calls into question the viability of “junk fax” class actions brought under the Telephone Consumer Protection Act (TCPA) when the defendant company does not...more

Alleged Violations of Florida Building Code Not Subject to Class Treatment

by Carlton Fields on

Two couples who own homes in central Florida attempted to bring a class action against a homebuilder, stemming from alleged violations of Florida’s building code. Section 553.84, Florida Statutes, provides for such a private...more

Bourne Valley Redux

by Ballard Spahr LLP on

The dispute between lenders and the purchasers at homeowners’ association foreclosure sale regarding superiority of title has embroiled the State of Nevada since at least as early as 2012. Since the issue rose in volume and...more

Second Circuit Affirms Exclusion of Certain Foreign Purchasers and Purchases from Securities Class Action

The U.S. Court of Appeals for the Second Circuit issued a lengthy opinion today in the long-running In re Vivendi, S.A. Securities Litigation, affirming the jury’s verdict on liability and addressing issues about loss...more

Advertising Law - August 2016 #2

Electric Toothbrushes Battle It Out Before NAD - In a battle over electric toothbrushes, the National Advertising Division determined that Procter & Gamble can support superiority claims for its Oral-B models challenged...more

Retail and Consumer Products Law Roundup - November 2015

We are pleased to share with you the first issue of Manatt's Retail and Consumer Products Law Roundup. The newsletter will be published on a monthly basis and will survey topics of critical importance to the retail,...more

DirecTV’s Rob Lowe Ads Found to be Misleading

by Kelley Drye & Warren LLP on

Last week, we posted about the FDA’s objections to Kim Kardashian’s promotion of a morning sickness drug on social media. In our effort to keep you up-to-date on celebrity advertising law issues, this week we turn our...more

Nevada HOA Super-Priority Lien Statute Preempted by Federal Law, Holds U.S. District Court

On Monday, the U.S. District Court for Nevada issued significant decisions in three cases, holding that a foreclosure on a Nevada HOA’s super-priority lien could not extinguish a deed of trust securing a debt owned by a...more

Stock-Not So-Well: Officers Denied Class Certification Of Age Discrimination Claims (Again)

by Seyfarth Shaw LLP on

As we reported here to our loyal blog readers, in April 2014, the Ninth Circuit overturned an order denying class certification of age discrimination claims filed by a group of police officers in Stockwell v. City & Cnty. of...more

The TCPA: Deep Dive: Details, Class Actions, Regulations, and Defense Strategies

by Carlton Fields on

In Part One of our complimentary, two-part webinar on the TCPA, we covered the basics. Join us for the second hour-long segment, as we get into the weeds of the TCPA. Part Two will cover: Exemptions/Details · What is an...more

Preemptive Strike Terminates Nationwide Product Defect Class In Louisiana

by Carlton Fields on

A Louisiana District Court struck plaintiff’s class allegations in a putative nationwide class of Mercedes vehicle owners finding plaintiff failed to meet his burden of proving predominance, superiority and...more

Advertising Law -- Jun 27, 2013

Domino’s Delivers $9.75M TCPA Settlement - It took more than 30 minutes, but Domino’s Pizza delivered a settlement deal to a class of plaintiffs in a Telephone Consumer Protection Act suit totaling $9.75...more

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